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Minutes 07-11-07 MINUTES OF THE BLUE COLLAR COLLECTIVE BARGAINING SESSION BETWEEN THE NCF&O AND THE CITY OF BOYNTON BEACH HELD ON WEDNESDAY, JULY 11, 2007 AT 10:00 A.M. IN THE FIRE POLICE TRAINING ROOM, BOYNTON BEACH, FLORIDA Present: For the City of Boynton Beach For NCF&O Michael Low, Deputy Utilities Director Bobby Jenkins, Assistant Finance Director Marylee Coyle, Assistant HR Director Bruce Boyens, Florida Public Service Unit of SEIU Shellie Sewell, Esq. Kalem Mahd, U.s., NCF&O Jeff Mark, U.S., NCF&O Mike Osborn, U.S., NCF&O Don Roberts, U.s., NCF&O Sharyn Goebelt, HR Director Absent: Sharon Munley, NCF&O Trustee Call to Order Sharyn Goebelt, Human Resources Director, began the meeting at 10:09 a.m. Self- introductions were made. Ms. Goebelt noted the City had not been notified of Mr. Boyens attendance. Mr. Boyens had explained he was not formally recognized by PERC (Public Employment Relations Commission). The City caucused at 10:10 a.m. The meeting reconvened at 10:21 a.m. Mr. Boyens explained Local 1227, via vote, agreed to merge with other newly formed locals in Florida into the Florida Public Service Unit. He explained this organization had been issued a Charter by President Stern. PERC had not yet certified the election because other areas still needed to vote, but he had been assigned to represent this local as well as all the locals in the State. Ms. Goebelt explained the City was not formally notified of the representation and because of that, she requested Ms. Sewell lead the negotiations and Mr. Boyens leave the room. Mr. Boyens explained the City cannot tell the Union who could represent them and who could speak on their behalf. He explained the City did not have the legal right to do that and the Union could hire a drunk off the street to represent them if they wanted. 1 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida July 11, 2007 There was discussion that Ms. Munley did advise a Union representative would attend but she did not provide full information. Ms. Goebelt explained she had been emailed the name of an individual, and nothing else and wrote back asking who he was. The response was he was a Union representative. Ms. Goebelt consulted with the City Attorney who also recommended that because PERC was not certified and the City not formally notified of the representation, that Mr. Boyens not be involved in negotiations. There was debate between the Union and the City and allegations put forward that the City did not want to negotiate and they were putting legal permutations on the Union, which were incorrect. The City's position was they wanted to continue with negotiations with Ms. Sewell leading the negotiations and they had negotiated in a fair manner. Ms. Goebelt pointed out this was the third time the City attempted to negotiate and the City had a good relationship with the Union. She expressed she appreciated the employees sitting at the table and she wanted the relationship to remain, but felt it was not appropriate to bring someone to the table that was not formally recognized by PERC. Mr. Boyens explained that was not the issue and the City Attorney was incorrect. Ms. Goebelt offered to bring the attorney to the meeting. She explained the minutes of the last meeting reflected who would be negotiating at the table. Ms. Munley had cancelled the last two meetings and the City was very anxious to move forward with the negotiations. Ms. Sewell explained the issue was President Munley requested Mr. Boyens conduct the negotiations for the Union in her absence and the Union selected him to conduct the negotiations also and he was not a disassociated individual. Mr. Jenkins requested Mr. Boyens provide something in writing they could forward to the Legal Department. Mr. Boyens did not yet have a card. Ms. Goebelt explained she was only contacted yesterday of a Union representative, when she got the email.An issue she saw, was that Mr. Boyens was not recognized by PERC at this point. Mr. Boyens countered he was recognized by 1227 as their bargainer and that he also represents them in other matters. Ms. Sewell asked what the City was relying on as the basis for the denial. Ms. Goebelt explained they wrote down exactly what Mr. Boyens had stated and conveyed it to counsel. They never got a letter formally introducing him. Mr. Boyens explained many cities hire outside counsel to represent them for bargaining. He did not see any difference. The City explained they were not refusing to negotiate, but they wanted Ms. Sewell to negotiate. Mr. Boyens responded by refusing to recognize the Union representative, they were refusing to negotiate. The Union caucused at 10:30 a.m. 2 Meeting Minutes NCF&O Blue Collar Negotiations Boynton Beach, Florida July 11, 2007 The meeting reconvened at 10:53 a.m. Ms. Goebelt pointed out Article 9.1 of the Agreement and explained they checked with the Attorney and City Manager and the City did not receive any notification in writing of the changes in designation of any certified representative of the Union. She explained they were not creating an illegal act, rather they were requesting the Union conform to the provisions of the Collective Bargaining Agreement. Mr. Boyens respectfully disagreed and indicated Ms. Munley sent an email.Ms. Goebelt asked if she sent it to the City Manager. Mr. Boyens responded it was sent to Ms. Goebelt. Ms. Goebelt explained the agreement specified it needed to be sent to the City Manager. Mr. Boyens announced as a result of the City trying to dictate who would represent the Union at bargaining, that action constituted a refusal and they would file an ULP (Unfair Labor Practice). Ms. Goebelt read Article 9.1 as follows: "The membership of the bargaining unit shall be represented at collective bargaining by the President of the Union or by a person or persons designated in writing to the City Manager. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union." The City requested Mr. Boyens provide documentation in writing showing his authorization and Ms. Goebelt requested the City receive proper notification. Attorney Sewell distributed the Union's counter proposal dated July 11, 2007 and the next meeting date was agreed on for Monday at 1:00 p.m., on July 16, 2007. There was agreement not to limit the meeting to one or two hours. There being no further business to discuss, the meeting recessed at 10:59 a.m. 1 G.CIhANj4L~1J~ Catherine CheJry-Guberman Recording Secretary 3